The Law Offices of Ali Najmihttps://www.najmilaw.com
DUI/DWI Law, Criminal Defense, Personal Injury, and Real Estate Law in New York, NYFri, 16 Feb 2018 11:20:47 +0000en-UShourly1NEW LAW ALLOWS CRIMINAL CONVICTIONS TO BE SEALEDhttps://www.najmilaw.com/criminal-defense/felony/new-law-allows-criminal-convictions-sealed/
https://www.najmilaw.com/criminal-defense/felony/new-law-allows-criminal-convictions-sealed/#respondFri, 16 Feb 2018 04:35:24 +0000https://www.najmilaw.com/?p=1028NEW LAW ALLOWS CRIMINAL CONVICTIONS TO BE SEALED On October 7, 2017 the new § 160.59 of New York’s Criminal Procedure Law went into effect. Under this law you are able to seal up to two criminal convictions, but only one felony. You are able to apply to seal a conviction for all crimes…

On October 7, 2017 the new § 160.59 of New York’s Criminal Procedure Law went into effect. Under this law you are able to seal up to two criminal convictions, but only one felony. You are able to apply to seal a conviction for all crimes except violent felonies, sex crimes and class A felonies.

You are eligible to seal your Criminal Record if:

You have had only two criminal convictions in your life (If you have had more than two criminal convictions, you are not eligible)

Only one of those convictions is a felony (If both are felonies, you are not eligible)

The convictions were not for “violent crimes” (If either of the two convictions was for a “violent crime”, you are not eligible)

The convictions took place more than 10 years ago (If either of the convictions were less than 10 years ago, you are not eligible)

Your application will be denied if:

You were required to register as a sex offender.

You have been convicted of more than two offenses.

Less than 10 years have passed since the date of your last conviction or the date that you were released from incarceration.

]]>https://www.najmilaw.com/criminal-defense/felony/new-law-allows-criminal-convictions-sealed/feed/0Watch Ali Najmi and Mayor Bill de Blasio Discuss TLC License Suspensionshttps://www.najmilaw.com/criminal-defense/ali-najmi-asks-mayor-bill-deblasio-tlc-drivers/
https://www.najmilaw.com/criminal-defense/ali-najmi-asks-mayor-bill-deblasio-tlc-drivers/#respondThu, 08 Feb 2018 04:44:41 +0000http://www.najmilaw.com/?p=956Ali Najmi asks Mayor deBlasio why the TLC is suspending Hack and FHV licenses upon arrest of a driver. A fundamental principle of the United States of America is the presumption of innocence. An individual is suppose to be innocent until proven guilty. However, if you are a for-hire driver licensed by the New York…

]]>Ali Najmi asks Mayor deBlasio why the TLC is suspending Hack and FHV licenses upon arrest of a driver.

A fundamental principle of the United States of America is the presumption of innocence. An individual is suppose to be innocent until proven guilty. However, if you are a for-hire driver licensed by the New York City Taxi and Limousine Commission (“TLC”) to operate a taxi, livery cab, Uber or any other app based rideshare system you are denied this fundamental right. The TLC automatically suspends a TLC issued license upon arrest, not conviction.

Taxi and for-hire drivers are wrongfully arrested everyday. Unfortunately, they have to wait several weeks or longer before a case can be dismissed or reduced to a non-criminal disposition, at which point they can finally go back to work as a driver. It doesn’t matter whether the arrest was job related or not.

Watch Ali Najmi ask Mayor de Blasio to reconsider an unfair and unconstitutional policy of suspending a taxi and Uber driver’s TLC license upon being arrested.

(1) The Chairperson can summarily suspend a License based upon an arrest or citation if the Chairperson believes that the charges, if true, would demonstrate that continued licensure would constitute a direct and substantial threat to public health or safety. Such charges include but are not limited to the following:

(i) Any arrest for a crime which constitutes a felony;

(ii) Or any arrest or citation for the following offenses:

A. Assault in the third degree, as set forth in PL § 120.00;

B. Reckless endangerment in the second degree, as set forth in § 120.20;

C. Criminal obstruction of breathing, as set forth in § 121.11;

D. Sexual misconduct, as set forth in PL § 130.20;

E. Forcible touching, as set forth in PL § 130.52;

F. Sexual abuse in the third or second degree, as set forth in PL § 130.55 and § 130.60, respectively;

G. Promoting prostitution in the third, second, or first degree, as set forth in PL § 230.25, § 230.30, and § 230.32, respectively;

H. Compelling prostitution, as set forth in PL § 230.33;

I. Sex trafficking, as set forth in PL § 230.34;

J. Public lewdness, as set forth in PL § 245.00;

K. Endangering the welfare of a child, as set forth in PL § 260.10;

L. Criminal possession of a weapon in the fourth degree, as set forth in PL § 265.01;

M. Overdriving, torturing, and injuring animals or failing to provide proper sustenance, as set forth in AGM § 353;

N. Leaving the scene of an accident, as set forth in VAT § 600.2;

O. Driving while ability impaired, as set forth in VAT § 1192.1;

P. Operation of a motor vehicle while intoxicated, as set forth in VAT § 1192.2;

Q. Operation of a motor vehicle with an illegal blood-alcohol content, as set forth in VAT § 1192.3;

R. Driving while ability impaired by drugs, as set forth in VAT § 1192.4.

]]>https://www.najmilaw.com/criminal-defense/ali-najmi-asks-mayor-bill-deblasio-tlc-drivers/feed/0Internship Program for College Students and Law School Studentshttps://www.najmilaw.com/professional-news/internship/internship-program-college-students-law-school-students/
https://www.najmilaw.com/professional-news/internship/internship-program-college-students-law-school-students/#respondThu, 08 Feb 2018 01:41:25 +0000http://www.najmilaw.com/?p=951The Law Office of Ali Najmi is proud to announce its Internship Program. We are seeking applicants for the College Intern position and Law School Intern position. College Internship Program: The Firm is seeking one rising Sophomore or rising Junior to provide support to the Criminal Defense and Personal Injury litigation sections of the firm. …

]]>The Law Office of Ali Najmi is proud to announce its Internship Program. We are seeking applicants for the College Intern position and Law School Intern position.

College Internship Program:

The Firm is seeking one rising Sophomore or rising Junior to provide support to the Criminal Defense and Personal Injury litigation sections of the firm. The intern will work directly with paralegals and attorneys in helping the Firm achieve its day to day goals. Tasks will include administrative assistance such as copying, scanning, shredding, mailing, and filing legal papers in court. The intern will also be delegated a substantive research and writing assignment and asked to collaborate with attorneys.

The start date of the internship is March 1, 2018 and will include a modest stipend. The Firm is seeking a commitment through the summer. Candidates who are in college outside of New York City and cannot start until May are also encouraged to apply and explain that in their materials.

Applicants must send a cover letter explaining their interest in working at the Firm, and a writing sample to nury@najmilaw.com

Law School Internship Program

The Firm is seeking a law school student of any year interested in interning with the Criminal Defense section of the firm. The intern will work directly with attorney Ali Najmi, and be a pivotal member of the legal team. The intern will be assigned substantive legal research and writing tasks, and expect to perform on tight deadlines. The intern will also accompany Ali Najmi to court and help prepare for hearings and trials.

Interest and passion for Criminal Law, Evidence, and Legal Writing are a must. A desire to represent defendants facing criminal charges, and a passion for defense work is a must.

This will be a fast paced, intensive and substantive legal experience.

The start date of the internship is May 28, 2018 and will include a modest stipend. The Firm is seeking a commitment through the summer. Candidates who are in law school outside of New York City and cannot start until June are also encouraged to apply and explain that in their materials.

Applicants must send a cover letter explaining their interest in working at the Firm, and a writing sample to nury@najmilaw.com

]]>https://www.najmilaw.com/professional-news/internship/internship-program-college-students-law-school-students/feed/0Improper District Attorney Subpoena Quashedhttps://www.najmilaw.com/uncategorized/improper-district-attorney-subpoena-quashed/
https://www.najmilaw.com/uncategorized/improper-district-attorney-subpoena-quashed/#respondWed, 03 Jan 2018 19:11:44 +0000https://www.wordpress.openwavedigital.com/?p=903January 3, 2018 Brooklyn DA’s Improper Use of Subpoenas Called COERCIVE by Judge A decision by Brooklyn Criminal Court Judge Donald Leo was handed down today in Kings County Criminal Court, declaring the Brooklyn District Attorney’s improper use of witness Subpoenas coercive. The decision reaffirms that a witness Subpoena—unlike a Subpoena for documents and records—can…

Brooklyn DA’s Improper Use of Subpoenas Called COERCIVE by Judge

A decision by Brooklyn Criminal Court Judge Donald Leo was handed down today in Kings County Criminal Court, declaring the Brooklyn District Attorney’s improper use of witness Subpoenas coercive.

The decision reaffirms that a witness Subpoena—unlike a Subpoena for documents and records—can only be used to compel testimony from a witness and require them to appear in court on a day where testimony can actually be taken, as per Criminal Procedure Law §610.10. It cannot be used to force a conversation, sign a corroborating statement, or for any investigatory purposes.

The Law Office of Ali Najmi represented a potential witness who did not want to sign a corroborating affidavit or participate in an investigation and prosecution. The Brooklyn District Attorney’s Office became frustrated with our client and sent a letter demanding the witness appear in their office and attached it to a Subpoena requiring their presence in court. The Subpoena included a date in court in which it was impossible for any testimony to be taken by any witnesses and was a control date. The DA’s use of a letter with the Subpoena gave the appearance that the witness’s non-cooperation would be considered contempt of court and the commission of a crime. Judge Leo declared the practice unlawful and quashed the Subpoena.

Upon a Motion to Quash the Subpoena filed by attorney Ali Najmi, Judge Leo declared:

“[the motion] argues that the People’s use of a letter requesting [witness] to come to the Kings County District Attorney’s Office with a Subpoena attached to it was to employ the color of Subpoena to coerce [the witness] to come to the office and be interviewed. The court agrees.”

]]>https://www.najmilaw.com/uncategorized/improper-district-attorney-subpoena-quashed/feed/0New Office in Manhattanhttps://www.najmilaw.com/professional-news/new-office-manhattan/
https://www.najmilaw.com/professional-news/new-office-manhattan/#respondFri, 10 Nov 2017 18:51:04 +0000https://www.wordpress.openwavedigital.com/?p=242261 Madison Ave., New York, NY The Law Office of Ali Najmi is pleased to announce the location of our new office in Midtown Manhattan located at 261 Madison Avenue, 12th Floor, New York, New York 10016. Ali Najmi is a lawyer admitted to practice law in New York. The focus of his legal work…

The Law Office of Ali Najmi is pleased to announce the location of our new office in Midtown Manhattan located at 261 Madison Avenue, 12th Floor, New York, New York 10016.

Ali Najmi is a lawyer admitted to practice law in New York. The focus of his legal work is on criminal defense, domestic violence, DWI/DUI, and personal injury. Ali is a graduate of Oberlin College and the City University of New York School of Law. Read Ali Najmi’s full profile.

Conviction Achieved in Bias-Related Assault

Christopher Porr, who was caught on video assaulting Gazi Rahman without provocation in Jamaica, Queens, and accused of shouting racial epithets during the assault, plead guilty to Assault in the 3rd Degree today in Queens County Criminal Court.

Mr. Porr plead guilty to Assault in the 3rd Degree, a Misdemeanor, and must complete a 15-session sensitivity program through Queens Center for Change. If he successfully completes that program he will be sentenced to 3 years probation. If he fails, the Queens District Attorney has represented that they will be recommending jail time. There will also be a permanent order of protection for Mr. Rahman.

“I am satisfied to have my name cleared, and for justice to be served. I hope Mr. Porr benefits from the sensitivity training and does not do this to anyone else” said Mr. Gazi Rahman, the victim.

Mr. Rahman was initially arrested and charged with assault against Mr. Porr in this incident. An investigation lead by his attorney, Ali Najmi, resulted in the discovery of surveillance footage and witnesses, and assisted in Mr. Porr’s prosecution. All charges against Mr. Rahman were dismissed.

“There has been an increase in bias related incidents that has left many people feeling scared and anxious. As a community, we will not tolerate these actions and we will continue to bring attention to them and seek justice,” said Ali Najmi, Mr. Rahman’s attorney.

Victim and Community Leaders Call On Queens District Attorney to Prosecute Hate Crime

Gazi Rahman, a Bangladeshi immigrant and resident of Jamaica, Queens, was viciously assaulted by a random stranger later identified as Christopher Porr. The assault occurred on Hillside Avenue near Parsons Blvd., in Jamaica. Mr. Rahman was subject to racial epithets about his perceived ethnicity during the assault. Mr. Rahman was wrongfully arrested at the scene by the NYPD for assaulting Mr. Porr. Mr. Rahman suffered a broken nose and lacerations to his face during the assault.

In an investigation lead by Mr. Rahman’s attorney, Ali Najmi, surveillance footage was discovered which completely exonerates Mr. Rahman and shows Mr. Porr acting as an unprovoked aggressor.

Witness statements from those present at the scene were also obtained. Witnesses have stated Mr. Porr screamed out “f**k Indians” while committing the assault. Witnesses also provided pictures of Mr. Rahman drenched in his own blood and substantial blood on the ground.

“I am confident all charges against Mr. Rahman will be dismissed. But we need to make sure everyone in our community feels safe. This assault needs to be treated as a hate crime and we need to make sure people who commit hate crimes are held accountable” said Ali Najmi, attorney for Mr. Rahman.

“This was a horrific and painful event for me. I cannot believe I was arrested even though I am the victim. I did nothing to him and he just attacked me and shouted racist things at me during the attack” said Gazi Rahman, the victim.

“I want justice. I want him to be punished for this hateful act. Nobody should go through what I have been through” added Mr. Rahman.

A review of Mr. Porr’s social media shows anti-immigrant and anti-Muslim posts, as well as support for Donald Trump for President.

Video footage of the incident is available online by visiting here: http://bit.ly/2aMoUAb

Punjabi Deli Applauds Community Board 3 Resolution

The full board of Manhattan Community Board 3 voted to pass a resolution to create a temporary taxi relief stand on Ave. A and E. Houston Street at its meeting on Tuesday May 26, 2015. The board also included a promise to create a permanent taxi relief stand closer to Punjabi Deli once pending construction is completed. The New York City Department of Transportation (DOT) has already completed installation of the taxi relief stand.

This relief stand will help alleviate some of the pressures felt by Punjabi Deli, a family-owned restaurant in the same location for over 20 years that relies on taxi drivers as a core customer base.

Attorney Ali Najmi, who has been leading advocacy efforts, stated: “Small, family-owned businesses like Punjabi Deli too often suffer when city agencies fail to consider their impact on the community. I applaud tonight’s ruling, but will continue to advocate for the Department of Design and Construction (DDC) to finish the stalled construction expeditiously.”

Construction of a green street park in front of Punjabi Deli on E. Houston has been stalled since 2012, creating what many in the neighborhood consider an eyesore, and drastically limiting the number of parking spaces. Additional debris and storage containers on E.1st Street have reduced parking even more. The temporary taxi relief stand will provide a place close to Punjabi Deli for cab drivers to park.

Kulwinder Singh, owner of Punjabi Deli, stated: “We are truly grateful to get this resolution passed by the community board. Having a taxi relief stand nearby will once again make it easy for taxi drivers to visit our restaurant. We need DDC to finish the construction and clear their storage materials as soon as possible.”

Punjabi Grocery and Deli, commonly known as Punjabi Deli, is located at 114 East 1st Street in Lower Manhattan.

]]>https://www.najmilaw.com/government-permits-applications/punjabi-deli-applauds-community-board-3-resolution/feed/0Appeal Planned in Case of Taxi Driver Who Asked Customers Not to Engage in Sexual Conduct in His Taxihttps://www.najmilaw.com/civil-rights/appeal-planned-in-case-of-taxi-driver-who-asked-customers-not-to-engage-in-sexual-conduct-in-his-taxi/
https://www.najmilaw.com/civil-rights/appeal-planned-in-case-of-taxi-driver-who-asked-customers-not-to-engage-in-sexual-conduct-in-his-taxi/#respondFri, 10 Apr 2015 23:36:02 +0000https://www.wordpress.openwavedigital.com/?p=154April 10, 2015 For Immediate Release Contact, Ali Najmi, Esq. (347) 765-1345 Appeal Planned in Case of Taxi Driver Who Asked Customers Not to Engage in Sexual Conduct in His Taxi ADMINISTRAIVE JUDGE’S $15,000 FINE IS ARBITRARY AND UNREASONABLE Mohammed Dahbi, a father of four, resident of NYCHA housing, and a taxi driver for 17…

Appeal Planned in Case of Taxi Driver Who Asked Customers Not to Engage in Sexual Conduct in His Taxi

ADMINISTRAIVE JUDGE’S $15,000 FINE IS ARBITRARY AND UNREASONABLE

Mohammed Dahbi, a father of four, resident of NYCHA housing, and a taxi driver for 17 years was found to have violated Section 8-107 of the New York City Human Rights Law by asking two customers to stop kissing in his taxi.

Mr. Dahbi was wrongfully accused of discriminating against the two female passengers because of their sexual orientation.

An Administrative Judge part of the Office of Administrative Trials and Hearings, which adjudicates charges brought by New York City agencies, ruled that Mr. Dahbi did not refuse service or deny a public accommodation based on the passenger’s sexual orientation. Mr. Dahbi never utilized any language regarding the women’s sexuality and he never forced them out of the taxi or stopped his meter.

However, in a gross error the Administrative Judge still found Mr. Dahbi guilty of making a declaration which made the passengers feel unwelcome in a public accommodation because of their sexual orientation. Mr. Dahbi testified that he has made similar statements and requests to heterosexual couples. Both parties testified that Mr. Dahbi never made any statements about their sexual orientation when making the request.

Mr. Dahbi was fined $15,000, an astronomical figure to be divided between the two complainants and the City of New York.

“We will be pursuing an appeal of this decision. The Administrative Judge acted unreasonably and made conclusions of fact that cannot be substantiated based on the record. The fine amount is completely unfair given that there was no real injury here” said Dahbi’s attorney Ali Najmi

The case was covered by The New York Post and other media outlets. The article is copied below:

A yellow cabbie who claimed he had a “no kissing policy” in his taxi is facing a $15,000 fine for allegedly ordering two female passengers to stop smooching — and then shouting vulgar epithets at them when they got out.

TV producer Christina Spitzer and her actress girlfriend Kassie Thornton said they barely exchanged a peck in the backseat early into their ride in Manhattan when hack Mohammed Dahbi became enraged.

“Keep that for the bedroom or get out of the cab,” Dahbi allegedly shouted during the trip from Columbus Circle to Brooklyn’s Sunset Park.

Unnerved, the duo said they got out of the cab in the West Village, confronted Dahbi about the perceived discrimination, and then got into a fight about paying the fare.

That’s when he allegedly called them “bitches,” “c–ts,” and “whores,” according to official documents.

At a hearing last month, Dhabi told an unsympathetic administrative law judge that Spitzer and Thornton were doing more than just G-rated canoodling.

He said they were kissing “heavily” and “touching all over each other” – including “on the chest and the breast.”

But Spitzer testified that she had just had oral surgery and was tentative about even kissing her girlfriend that day.

They also had a dog and a pet carrier stuffed into the back seat with them during the September 18, 2011 fare.

The couple, who are now engaged, flew from California to testify at the administrative trial in the city – which for unknown reasons took more than three years to schedule.

Neither she nor Spitzer – who would each get $5,000, while the city gets the remaining $5,000 – could immediately be reached for comment.

But Dhabi’s lawyer, Ali Najmi, told The Post that the cabbie has told heterosexual couples to knock it off when their make-out sessions became too much of a distraction to his driving.

He noted that Dhabi has been volunteering at a food pantry that serves gay, low-income clients, and that he plans to appeal the hearing officer’s ruling.

“My client never once mentioned anything about their sexuality and never threw them out of the taxi,” said Najmi.

“In fact, the complaint doesn’t even allege that he said anything about their sexuality and the two women testified that they are the ones who decided to exit the taxi.”

The judge’s recommendation went to the city’s Human Rights Commission, which has yet to decide whether to impose the fine.

A spokeswoman for the agency did not respond to questions about the delay in the case.

Jaquan Roberts Wrongfully Arrested in Resorts World Casino Incident

QUEENS DISTRICT ATTORNEY DECLINES TO PROSECUTE

JAQUAN ROBERTS, wrongfully arrested for allegedly shooting a gun in the parking lot of the Resorts World Casino in South Ozone Park, Queens was released from custody in the early hours of April 8th, 2015. The Office of the Queens County District Attorney has declined to prosecute the case.

JAQUAN ROBERTS, a Brooklyn-based father of two children and active member of his church, maintains his innocence against wrongful accusations made by the New York Police Department (NYPD). Roberts, who was wrongfully accused by the NYPD and was widely reported as the suspected gunman, turned himself in to the 106th Precinct of the NYPD early morning on April 7th, 2015 with his attorney, Ali Najmi, at his side.

The NYPD’s cause for arrest was completely unfounded. Detectives made an arrest despite any eyewitness testimony or any weapons recovered from Mr. Roberts or a search of his family’s home. The false arrest resulted from an over reliance on an often criticized facial recognition technology. Despite its many limitations facial recognition technology has been touted by the NYPD as an effective crime-fighting tool.

“There was a rush to judgment here by the NYPD with out sufficient evidence. We commend the Queens District Attorney for declining to prosecute this case and my client is happy to have his name cleared,” said his attorney Ali Najmi.

Allegations against Mr. Roberts stem from an alleged altercation and incident at the Resorts World Casino in South Ozone Park, Queens on Friday April 3rd 2015. An NYPD spokesperson alleged that Mr. Roberts fired shots in the parking lot of the casino that same night. No one was reported hurt as a result of the shooting.

Mr. Roberts was not charged with any crimes and has returned home to his family.